Employer Resources from FELS

Avian Influenza (H5N1)

Updated July 2024

July 12, 2024: New Cal/OSHA Resources Page on Avian Flu: Cal/OSHA has published a new webpage on avian influenza (H5N1) which is endemic in migratory bird populations and has infected some poultry flocks and dairy herds in the U.S. Four known cases of transmission from infected dairy cows to human dairy employees have occurred. Most cases have been confined to symptoms of conjunctivitis, but one case also included respiratory symptoms. No known H5N1 infections have occurred in California poultry flocks or dairy herds. The agency notes California occupational safety and health regulations would apply in situations where poultry or dairy employees could be exposed to H5N1.

May 30, 2024: California Department of Public Health HPAI (Highly Pathogenic Avian Influenza) PPE (Personal Protective Equipment) Distribution: Annette Jones, DVM, State Veterinarian and Directer of Animal Health and Food Safety Services for the California Department of Food and Agriculture sent the following message with livestock industry contacts: As many of you may know, the Centers for Disease Control and Prevention (CDC) issued a Health Alert Network (HAN) Health Advisory on April 5, 2024 regarding a confirmed human infection with highly pathogenic avian influenza (HPAI) A(H5N1) virus, and on May 22, 2024, a second case in the United States following exposure to infected dairy cattle has been confirmed. To date, HPAI has not been detected in dairy cattle in California. CDC and CDPH believe that the risk of infection to the general public is low. However, individuals with close exposure to infected birds or other animals, such as livestock, have a greater risk of infection. As recommended by the CDC on May 6, 2024 , CDPH is supporting a one-time distribution of personal protective equipment (PPE) for dairy farmworkers and others handling raw milk, as well as slaughterhouse and poultry workers. CDPH is working closely with the California Department of Food and Agriculture (CDFA) around PPE distribution to farms and agricultural workers. The idea is to get supplies closer to where needed ahead of increased risk in an enhanced preparedness stance, demonstrating our shared prioritization of worker wellbeing. For facilities interested in ordering a one-time supply of PPE, please refer to Facility PPE Ordering Instructions. The deadline for orders is June 9th.

In a subsequent message, Michael Payne of the California Dairy Quality Assurance Program and UC Davis added some helpful context: CDFA is working with the California Department of Public Health (CDPH) for a one-time distribution of Personal Protective Equipment (PPE) for dairy farmworkers and others handling raw milk, as well as slaughterhouse and poultry workers. Because “Bird Flu” in dairy cattle has not yet been recognized in California, there are currently no requirements for use of additional PPE for the State’s dairy employees. This PPE distribution is intended to allow for 30 days of PPE to be stored on the farm, ready for use in the event that a California dairy tests positive. The distribution also demonstrates to public health regulators and the public that industry values preparedness and prioritizes protecting employees. The distribution is free and is coming from existing public health stockpiles, however the deadline for ordering is June 9^th. More detailed information is provided by Dr. Jones in her email below and in the attachments.

How Much PPE to Ask For?

The intention is to store 30 days of PPE for employees who handle raw milk. In our case this could be milkers, certainly hospital pen workers and potentially calf feeders. Which employees are relevant and which PPE to request could be discussed with your herd veterinarian.

One example for a dairy with 10 relevant workers could be: 300 disposable N95 masks. (30 days x 10 employees X 1mask/day); 600 disposable nitrile gloves (30 x 2/pair x 10 employees); 10 goggles (one personal set of goggles for every employee potential with exposure. Not to be shared. Given that the only two cases of HPAI in dairy workers have been eye infection, (potentially from splashes or touching the eyes with hands contaminated with milk) goggles or face shields may be the most protective of the requested PPE items.

The above is only an example. Each farm’s PPE needs may be different, and may vary from CDC’s farm worker recommendations. There are other options available, including face shields and disposable bouffant caps. Unless human risk profiles in this disease change, producers will probably want to avoid Power Air Purifying Respirators (PAPRs) which require batteries and fit testing. Producers with questions can consult their herd veterinarian, their local CDFA veterinary medical officer or CDQAP.

May 10, 2024: CDC Asks States to Distribute Stockpiled PPE to Dairies: The U.S. Centers for Disease Control (CDC) has asked states to distribute personal protective equipment (PPE) from state stockpiles to operators of poultry farms, dairy farms and farmworker organizations. California currently (as of the date of this posting) has no known cases of H5N1. Absent confirmed or suspected H5N1, (animals showing signs of infection per the opinion of a veterinarian), scarce resources should be held in the event of confirmed infection. Should an agricultural employer wish to provide PPE like an N95 respirator, employers can permit their use following voluntary use guidelines in Appendix D, Title 8 5144, Cal/OSHA respiratory protection program.

April 19, 2024: CDPH Recommendations for Protecting Dairy Employees from H5N1 Highly Pathogenic Avian Influenze (HPAI): The California Department of Public Heath has issued the following recommendations for protection of dairy employees over the signature of Kristin J. Commings, Chief of CDPH's Occupational Health Branch. CDPA recommends employers should take measures to protect workers from avian influenza virus infection if livestock become sick and you suspect or know it to be due to avian influenza infection.

March 25, 2024: USDA, HHS Announce New Actions to Reduce Impact and Spread of H5N1: Following the first detection of H5N1 in dairy cattle in the Texas panhandle region, USDA and HHS began their work to understand the origin of the emergence and its potential impact in bovines and humans. USDA experts also took swift action to trace animal movements, began sampling to assess the disease prevalence in herds, and initiated a variety of testing activities to confirm the safety of the meat and milk supplies alongside federal partners. On April 1, 2024, Texas reported the first and only confirmed human H5N1 infection associated with this outbreak, after confirmation by CDC. On April 24, 2024, USDA issued a Federal Order, that took effect on April 29, to limit the movement of lactating dairy cattle and to collect and aggregate H5N1 test results to better understand the nature of the outbreak. Since the detection of H5N1 in dairy cattle, the Federal response has leveraged the latest available scientific data, field epidemiology, and risk assessments to mitigate risks to workers and the general public, to ensure the safety of America’s food supply and to mitigate risk to livestock, owners, and producers. Today, USDA is taking a series of additional steps to help achieve these goals and reduce the impact of H5N1 on affected premises and producers, and HHS is announcing new actions through the CDC and FDA to increase testing and laboratory screening and testing capacity, genomic sequencing, and other interventions to protect the health and safety of dairy and other potentially impacted food items.

DPR Licensing Glitch

Renewal packets recently mailed to individual license holders by the Department of Pesticide Regulation (DPR) included a space where the applicant was supposed to enter the number of hours continuing education hours completed. That space was inadvertently pre-populated with the number of CE hours required for renewal.

You can correct the form by crossing out the pre-populated number of hours and entering the correct number of hours actually earned.

Here is a link of the letter from DPR to the license holders explaining how to make the correction.

US EPA Announces Tightened Worker Protection Standard

On September 28, 2015, the U.S. Environmental Protection Agency announced a new regulation to significantly tighten the federal Worker Protection Standard (WPS), setting new minimum standards for field worker and pesticide handler safety, hazard communication, and other topics related to pesticide safety in agricultural use.

While the revised standards will mean significant changes in many states, regulations of the California Department of Pesticide Regulation already meet most of the new requirements. The new EPA regulations "do not represent a major overhaul" for California but may require some "adjustments," said Charlotte Fadipe, spokeswoman for the Department of Pesticide Regulation.

Two particular areas of change in the EPA Worker Protection Standard will differ from California regulations:

Imposition of a minimum age of 18 years for workers who enter pesticide-treated areas prior to the expiration of the re-entry interval specified for the material applied and for pesticide handlers; California regulations (California Code of Regulations, Title 3, Section 6612) already impose a minimum age of 18 for handlers;
A requirement for annual training for field workers; under both California and federal regulations, field workers are required to be trained every five years.

Due to the need to permit states enforcement agencies, farm employers, and EPA time to adjust to the new regulations, many of the revisions will not become effective until 14 months after publication in the Federal Register.

FELS will keep you updated as more information becomes available.

Standards Board Approves Tractor Carrier Rule

At it's August 20 meeting, the Cal/OSHA Standards Board approved a regulation permitting in-field use of tractor-mounted personnel carriers, officially designated Agricultural Personnel Transport Carriers by the Board.Tractor-mounted personnel carriers have been used for more than 25 years in the southern Central Valley and the Central Coast for the purpose of transporting irrigators in a transportation unit usually mounted to the three-point hitch on the same tractor towing a trailer carrying irrigation pipe. This practice spares workers from walking long distances from pipe storage areas to fields, and in fields following the tractor towing the pipe trailer as the tractor moves through the field to distribute irrigation pipe.

The regulation was the result of years of consideration by the Standards Board. The final rule places significant limits on the use of tractor-mounted personnel carriers including:

In-field use only in low-lying crops; no use on farm roads. Farm Bureau and others had advocated for farm-road use to facilitate movement irrigators along with irrigation pipe from storage facilities to field;
Tractor carriers may only be occupied by workers in the furrowed area of the field;
The slope of field may not exceed 5%;
Occupants of the tractor carrier must exit the carrier when the tractor turns at the end of a row;
Occupants must exit the carrier when the tractor passes within 10 feet of a ditch, retention pond, unprotected edge of an embankment of levee, culvert or other overturn hazard.

You can review the final version of the tractor personnel carriers rule at this link.

Agricultural Personnel Transport Carriers Hearing Notice

NOTICE IS HEREBY GIVEN that the Occupational Safety and Health Standards Board (Board) proposes to adopt, amend or repeal the foregoing provisions of Title 8 of the California Code of Regulations in the manner described in the Informative Digest, below.

New Resources for Lead Hazard Communication

New lead warning signs and labels are now available to help employers comply with updated Cal/OSHA hazard communication requirements. The 2015 newsletter from the Occupational Lead Poisoning Prevention Program (OLPPP) alerts employers to the new requirements and offers the new OLPPP materials for free.

Heat Illness Standard Proposal Revised

On November 19, Cal/OSHA and the Cal/OSHA Standards Board released a revised proposal to change the Heat Illness Prevention Standard. The agency originally released a proposed revision on August 8, and held a public hearing on September 25. FELS parent organization, California Farm Bureau Federation and a number of other ag organizations testified at that hearing and raised a number of objections and concerns:

Cal/OSHA Standards Board Sets Hearing Date, Comment Period on Heat Illness Proposal

On August 8, the Cal/OSHA Standards Board released a proposed revision to the Heat Illness Prevention Standard, Section 3395 of Title 8 of the California Code of Regulations. At the same time, the agency set a comment period for the proposed regulation -- August 8, 2014 through September 25, 2014 -- and set a public hearing for September 26 in San Diego.

You can view the Standards Boards' notice, along with the Initial Statement of Reasons and the proposed revision at this link.

Cal/OSHA Submits Draft Heat Illness Regulation

On May 28, the Division of Occupational Safety and Health of the Department of Industrial Relations submitted a proposed revision to the Heat Illness Prevention Standard, Section 3395 of Title 8 of the California Code of Regulations. The agency indicates it has initiated this regulatory process with a goal of having a revised standard in place for the 2015 growing season.

Kicking-Off the 2014 Heat Season

Cal/OSHA recently reminded agricultural employers of the agency's upcoming Heat Illness Prevention standard enforcement activity. The goal of the program is to reduce the incidence of heat illness statewide and ensure compliance with California's heat illness standard.